CRM-M-1611-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-1611-2025 Reserved on: 17.02.2025 Pronounced on: 28.02.2025 Rohtash Singh ...Peoner Versus State of Haryana and another …Respondents CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Pankaj Bali, Advocate for the peoner. Mr. Aashish Bishnoi, DAG, Haryana. Mr. Manvender Chauhan, Advocate for respondent No.2. **** ANOOP CHITKARA, J. FIR No. Dated Police Sta0on Sec0ons 485 05.11.2024 Nissing, Dis.. Karnal 420, 120-B IPC 1. The peoner apprehending arrest in the FIR caponed above has come up before this Court under Secon 482 of Bharaya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking ancipatory bail. 2. In paragraph 9 of the bail peon, the accused declares that he has no criminal antecedents. 3. The facts of the case are being taken from the translated copy of FIR annexed with the bail peon as Annexure P-1, which reads as follows: “xxx To the Respected S.P. Sahab Ji, Karnal. Subject:- Applicaon for taking legal acon against accused No.1, Radha Devi Widow of Pasi Ram, 2. Janu (Mobile Number 99960-xxxxx), 3-Gaurav, Sons of Late Pasi Ram son of Sh. Sube Singh and 4.Shekhar, 5.Sagar (Mobile Number 99966- xxxxx), Sons of Shamsher Singh son of Sh. Sube Singh, residents of Village Ongad, Police Staon Nissing, District Karnal and 6.Halqa Patwari Lakhan Pal (Mobile Number: 98139-xxxxx) and Rered Patwari Rohtash (Mobile Number:98966-xxxxx) and 7.H.D.F.C. Bank Manager Branch Nissing Sh. Kapish (Mobile No: 93153-xxxxx for commi?ng fraud with the applicant in connivance with officers/officials. Sir, the applicant prays as under: 1.That 1 JYOTI 2025.02.28 13:45 I attest to the accuracy and integrity of this order/judgment. CRM-M-1611-2025 the applicant, Amir Singh son of Sh. Piara Singh, is resident of Village Budhanpur Veeran District Karnal and has faith in law. 2.That all the above said accused No. 1 to 5 are owners in possession of land measuring 37 Kanal 18 Marlas in Village Ongad, Tehsil and District Karnal and they got one agreement to sell prepared to sell the above said land for a sum of Rs. 1 Crore 37 Lacs 65 Thousands and the applicant purchased their land 37 Kanal 18 11 Marlas by giving the above said amount to the above said accused No.1 to 5 according to Waseeka No: 2609/1 Dated 13.06.2024 and the accused No. 1 to 4 told the applicant that out of the above said land measuring 37 Kanal 18 Marlas, the land of our share is kept under mortgage with Indian Bank, Nissing for a sum of Rs. 18 Lacs 50 Thousands and the accused No. 4 and 5 told that the land of our share out of the land measuring 37 Kanal 18 Marlas is also kept under mortgage with the above said bank for a sum of Rs. 18 Lacs 50 Thousands and the accused No. 1 to 5 got the loan cancelled by deposing the money in the bank out of the amount of the earnest money given in lieu of the land purchased by me and the above said accused No.1 to 5 gave assurance to me that except this, no other land of ourselves is kept under mortgage in any other bank and said that in spite of this, if any loan against this land is found, then the responsibility of making the payment of the same will be of ourselves. But, the above said accused No.1 to 5 had taken loan of Rs. 17 Lacs 10 Thousands against the above said land from H.D.F.C. Bank and in lieu of this, they had kept land measuring 59 Kanal under mortgage and out of this, the land measuring 37 Kanal 18 Marlas, sold to the applicant, was also included. That the accused No. 1 to 5, in connivance with accused No. 6 and 7 did not get the above said loan to be entered in Jamabandi and relying on the accused No. 1 to 5, I got the registry executed of the land measuring 37 Kanal 18 Marlas by giving the seDled amount. But, even aEer 10 days of the execuon of the registry, officers of the bank and the accused No. 1 to 5 got the above said mortgage entered in the jamabandi by giving an applicaon to the Tehsildar, Karnal and got the intqal stopped to entered in our favour. It is worth menoning that the above said land has been kept under mortgage from dated 31.08.2012 in favour of the H.D.F.C. Bank, but the accused No. 1 to 5, with the help of the accused No. 6 and 7 did not get the same to be entered in the intqal and as soon as the registry of the above said land measuring 37 Kanal 18 Marlas was executed in our favour, then they got the mortgage entered in the Jamabandi aEer 12 years. From this, it seems that from the start itself, 2 JYOTI 2025.02.28 13:45 I attest to the accuracy and integrity of this order/judgment. CRM-M-1611-2025 the intenon of the accused No. 1 to 5 was to commit fraud and in addion to this, the accused No. 6 and 7 are fully involved in this and the accused persons, in spite of having knowledge that the above said land is kept under mortgage with the H.D.F.C. Bank in lieu of the sum of Rs. 17 Lacs 10 Thousands, but, they have made an agreement to sell with me with the intenon to commit fraud and all the accused persons usurped the amount by commi?ng fraud with the applicant. When the applicant requested to the above said accused No. 1 to 5 to deposit the amount of loan in the bank, then they flatly refused and said that aEer today, if you asked us to deposit the amount, then we will kill you. Therefore, it is prayed to your goodself that keeping the above said facts in view, strict legal acon may be taken against the above said accused persons and my life and property may be protected. Thanking you very much. Dated 06.08.2024. Sd/-in Punjabi, Applicant: Amir Singh son of Para Singh, resident of Village Budhanpur Veeran, District Karnal.” 4. The peoner's counsel prays for bail by imposing any stringent condions and contends that pre-trial incarceraon would cause an irreversible injusce to the peoner and his family. 5. The State’s counsel opposes bail and refers to the status report. 6. It would be appropriate to refer to the following porons of the status report, which read as follows: “8. That the role of the peoner in this case is quite specific. The peoner being a public servant and was posted as Patwari on 18.06.2017 in the revenue estate of the property in queson and therefore, entry was created by him. As per the Roznamcha entry No. 477 made in Jamabandi for the year 2014-15 prima-facie reflects clearance of loan from HDFC Bank. As per the record of Rapat No.477 does not belong to the property in queson. Therefore, his custodial interrogaon is required to find the truth, mode and manner of commission of offence and involvement of any other persons.” 7. Counsel for the complainant also opposes the bail. REASONING: 8. Pre-trial incarceraon should not be a replica of post-convicon sentencing. The 3 JYOTI 2025.02.28 13:45 I attest to the accuracy and integrity of this order/judgment. CRM-M-1611-2025 evidence might be prima facie sufficient to launch prosecuon or to frame charges, but this Court is not considering the evidence at that stage but is analyzing it for the stage of ancipatory bail. An analysis of the above does not jusfy custodial interrogaon or pre- trial incarceraon. 9. Given the above, the penal provisions invoked coupled with the primafacie analysis of the nature of allegaons and the other factors peculiar to this case, there would be no jusfiability for custodial interrogaon or the pre-trial incarceraon at this stage. Without commenng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons menoned above, the peoner makes a case for bail. 10. The invesgaon indicates that the peoner is not the main accused, so the peoner's bail shall not be treated as a precedent for granng bail to the other co- accused with a higher role. 11. Given above, provided the peoner is not required in any other case, the peoner shall be released on ancipatory bail in the FIR caponed above subject to furnishing bonds to the sasfacon of the Arresng Officer, and if the ma.er is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepng the surety, the concerned Officer/Court must be sasfied that if the accused fails to appear, such surety can produce the accused. 12. While furnishing a personal bond, the peoner shall menon the following personal idenficaon details: 1. AADHAR number 2. Passport number (If available) and when the a.esng officer/court considers it appropriate or considers the accused a flight risk. 3. Mobile number (If available) 4. E-Mail id (If available) 13. This order is subject to the peoner’s complying with the following terms. 14. The peoner is directed to join the invesgaon within seven days of uploading this order on the official webpage of the High Court of Punjab and Haryana and as and when called by the Invesgator. The peoner shall be in deemed custody for Secon 27 of the Indian Evidence Act, 1872/ Secon 23 of BSA, 2023. The peoner shall join the invesgaon as and when called by the Invesgang Officer or any Superior Officer and shall cooperate with the invesgaon at all further stages as required. In the event of failure to do so, the prosecuon will be open to seeking cancellaon of the bail. During the invesgaon, the peoner shall not be subjected to third-degree, indecent 4 JYOTI 2025.02.28 13:45 I attest to the accuracy and integrity of this order/judgment. CRM-M-1611-2025 language, inhuman treatment, etc. 15. The peoner shall abide by all statutory bond condions and appear before the concerned Court(s) on all dates. The peoner shall not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any witnesses, Police officials, or any other person acquainted with the facts and circumstances of the case or dissuade them from disclosing such facts to the Police or the Court. 16. In case the Invesgator/Officer-In-Charge of the concerned Police Staon arraigns another secon of any penal offense in this FIR, and if the new secon prescribes a maximum sentence that is not greater than the secons menoned above, then this bail order shall be deemed to have also been passed for the newly added secon(s). However, suppose the newly inserted secons prescribe a sentence exceeding the maximum sentence prescribed in the secons menoned above; then, in that case, the Invesgator/Officer-In-Charge shall give the peoner noce of a minimum of seven days, providing an opportunity to avail the remedies available in law. 17. This bail is condional, and the foundaonal condion is that if the peoner indulges in any non-bailable offense, the State may file an applicaon for cancellaon of this bail before the Sessions Court, which shall be at liberty to cancel this bail. 18. The concerned trial court is authorized to delete, modify, or relax any of the above condions and shall be competent to do so in accordance with the law. 19. Any observaon made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 20. A cerfied copy of this order would not be needed for furnishing bonds, and any Advocate for the Peoner can download this order along with case status from the official web page of this Court and a.est it to be a true copy. If the a.esng officer wants to verify its authencity, such an officer can also verify its authencity and may download and use the downloaded copy for a.esng bonds. 21. Pe00on allowed in terms menoned above. All pending applicaons, if any, stand disposed of. (ANOOP CHITKARA) 28.02.2025 JUDGE Jyo-II Whether speaking/reasoned: Yes Whether reportable: No. 5 JYOTI 2025.02.28 13:45 I attest to the accuracy and integrity of this order/judgment.